Court of Appeals of Virginia Court Cases
The employer and its insurer appeal the denial by the Industrial Commission of their application to suspend the employee's benefits due to her refusal to submit to an independent medical examination, as required by Code § 65.1-91. The employer also appeals the commission's refusal to permit the introduction of impeachment evidence at a remand evidentiary hearing before the deputy commissioner. We uphold both rulings and affirm the commission.
Court: Court of Appeals of Virginia Docket: Record No. 0465-89-1
Martin v. Com. (1987)
Michael Eugene Martin (appellant) appeals a judgment of the Circuit Court of the City of Chesapeake (trial court) convicting him of violating Code § 18.2-67.1 (forcible sodomy). Appellant raises two issues on appeal: (1) whether the trial court erred in admitting an extrajudicial statement by the victim under the excited utterance exception to the hearsay rule; and (2) whether the evidence was sufficient to sustain the conviction.
Court: Court of Appeals of Virginia Docket: Record No. 0801-86-1
McGee v. Com. (1997)The defendant, Douglas McGee, Jr., was convicted in a bench trial of one count of possession of cocaine with intent to distribute in violation of Code § 18.2-248. A panel of this Court affirmed the conviction, holding that the defendant was not seized for Fourth Amendment purposes before he voluntarily consented to the search which resulted in the recovery of cocaine. See McGee v. Commonwealth, 23 Va.App. 334, 477 S.E.2d 14 (1996). Upon rehearing en banc, we hold that the trial court erred in [...]
Court: Court of Appeals of Virginia Docket: 0104952
Archer v. Com. (1997)
Jarrod R. Archer (appellant) appeals from his bench trial conviction by the Circuit Court of the City of Virginia Beach (trial court) for grand larceny and possession of a firearm by a convicted felon. Appellant contends that the trial court erred when it (1) failed to grant his motion to suppress evidence of a stolen gun found with his knife and (2) held that the evidence was sufficient, as a matter of law, to prove he possessed that gun. Finding no error, we affirm the convictions.
Court: Court of Appeals of Virginia Docket: 1726961
Lottie M. Logan appeals the July 18, 1990 order of the Family Court of Fairfax County terminating her residual parental rights with respect to her son, Michael Logan, pursuant to Code § 16.1-283. In addition to finding sufficient evidence to terminate Ms. Logan's residual parental rights, the family court approved a foster care service plan documenting adoption as being in Michael's best interest, while continuing Michael's custody with the Fairfax County Department of Human Development [...]
Court: Court of Appeals of Virginia Docket: Record No. 1210-90-4
Ohree v. Com. (1998)Tried by the court sitting without a jury, appellant, Carla Jean Ohree, was convicted of two counts of grand larceny by welfare fraud. On appeal, Ohree argues that (1) the Commonwealth's recoupment from a convicted defendant of the costs incurred in providing a jury trial unconstitutionally burdens the defendant's right to a jury trial as provided in the Constitution of the United States, (2) the Commonwealth's recoupment from an indigent defendant of the costs incurred in providing a jury and [...]
Court: Court of Appeals of Virginia Docket: 2112952
Farley v. Farley (1990)Curtis Farley appeals the decision of the trial court transferring jurisdiction over matters of child custody and visitation to the Family Court for the Ninth Judicial Circuit, Charleston, South Carolina. Appellant asserts that the reason enunciated by the trial court for transferring jurisdiction, adverse media publicity, was an insufficient basis for doing so under the Virginia Uniform Child Custody Jurisdiction Act (UCCJA), Code § 20-125 et seq. Because the record contains ample support for [...]
Court: Court of Appeals of Virginia Docket: Record No. 1592-88-4
O'Loughlin v. O'Loughlin (1996)
The sole issue in this appeal is whether, absent an order from the Court of Appeals specifically remanding the issue of attorney's fees incurred on appeal, a trial court has jurisdiction to award such fees. We hold that a specific remand for attorney's fees is required and affirm the judgment of the trial court.
Court: Court of Appeals of Virginia Docket: 0984964
John K. Coleman, Merrifield (David Rosenblum, Alexandria, John D. Tew, Falls Church, Joseph N. Bowman, Alexandria, Slenker, Brandt, Jennings & Johnston, Merrifield, Rosenblum and Rosenblum, P.C., Alexandria, Gillenwater & Tew, on briefs, Falls Church), for appellees.
Court: Court of Appeals of Virginia Docket: Record No. 1284-90-4
Sandoval v. Com. (1995)
Paulino DeJesus Sandoval (appellant) appeals from his bench trial convictions by the Circuit Court of Gloucester County (trial court) for breaking and entering with the intent to commit larceny, Code § 18.2-91, and of credit card theft, Code § 18.2-192. He contends that the evidence was insufficient to prove that he was guilty of either charge.
Court: Court of Appeals of Virginia Docket: Record No. 1516-93-1
Edgar James raises two issues in this appeal: (1) whether the Industrial Commission erred in finding that he unjustifiably refused to cooperate with rehabilitation efforts pursuant to Code §§ 65.1-63 and 65.1-88; and (2) whether his statement at the commission hearing that he would cooperate was sufficient to cure the refusal to cooperate. Finding no error, we affirm the decision of the commission.
Court: Court of Appeals of Virginia Docket: Record No. 0924-88-2
Redman v. Com. (1997)Ronald Eugene Redman was convicted in a bench trial for being an accessory after the fact to breaking and entering and to felony property damage. He contends on appeal that the evidence was insufficient to prove two essential elements of the crime. Because Redman failed to move to strike the evidence or to set aside the verdict on this ground, Rule 5A:18 bars our consideration of his insufficient evidence claim. We also find no merit in Redman's claim that the trial court erred by considering [...]
Court: Court of Appeals of Virginia Docket: 1316963
Com. v. Grimstead (1991)John Joseph Grimstead was indicted for possessing a sawed-off shotgun. The trial judge granted Grimstead's pre-trial motion to suppress the shotgun, which was discovered during a police officer's search of Grimstead's car. The Commonwealth appeals, see Code § 19.2-398 et seq., and raises the issue whether the presence of a hemostat in a car provides probable cause justifying an officer's seizure of the hemostat as evidence of a crime and search of the car for contraband. We affirm the trial [...]
Court: Court of Appeals of Virginia Docket: Record No. 0507-91-1
Buchanan v. Buchanan (1992)This domestic relations appeal is from a decree denying a request for modification of child and spousal support. We must decide if the trial judge should have recused himself because of his previously expressed opinion that the attorney representing the father at trial was unfit to practice law. We must also decide if the trial court erred in refusing to eliminate spousal support and in refusing to increase child support. We conclude that the trial judge's refusal to recuse himself is not [...]
Court: Court of Appeals of Virginia Docket: Record No. 0652-91-4
Kelly v. Com. (2003)This matter comes before the Court on a rehearing en banc from an unpublished panel decision rendered January 21, 2003. See Kelly v. Commonwealth, 03 Vap UNP 3100011, 2003 WL 139520 (2003). In that decision, a divided panel of this Court affirmed Kelly's conviction for possession of marijuana with intent to distribute (in violation of Code § 18.2-248.1), but reversed his conviction for importing narcotics into Virginia with intent to distribute (in violation of Code § 18.2-248.01), finding [...]
Court: Court of Appeals of Virginia Docket: 3100011
On March 8, 1989, the Circuit Court of Halifax County entered an order terminating the parental rights of Danny Lee Kaywood, Sr. On appeal, he questions only whether the Department of Social Services [Department] sustained its burden of proof as required by Code § 16.1-283(B)(2). No issue is raised concerning the filing of a foster care plan. Upon consideration of the briefs, the argument of counsel and the record, we conclude that the Department properly sustained its burden of proof and we [...]
Court: Court of Appeals of Virginia Docket: Record No. 0439-89-2
Edwards v. Com. (2003)Lolita Edwards (appellant) was indicted for attempted capital murder of a law enforcement officer, in violation of Code §§ 18.2-25 and 18.2-31, eluding the police, in violation of Code § 46.2-817(B), and leaving the scene of an accident involving personal injury, in violation of Code § 46.2-894. In a bench trial, she was convicted of assault on a law enforcement officer, in violation of Code § 18.2-57, in addition to the indicted offenses of eluding and leaving the scene. A panel of this [...]
Court: Court of Appeals of Virginia Docket: 2846011
Long v. Com. (1989)
Dwayne Alan Long presents for review five questions, which, succinctly stated, raise the issues (1) whether Long's dog was a "means" as used in the malicious wounding statute, (2) whether the Commonwealth proved all the elements necessary to support the malicious wounding conviction, and (3) whether the evidence established that Long acted in self defense. For the reasons that follow, we affirm the conviction.
Court: Court of Appeals of Virginia Docket: Record No. 0247-88-3
Srinivasan v. Srinivasan (1990)Doris M. Srinivasan and Chitoor V. Srinivasan both seek reversal of a final divorce decree denying each a monetary equitable distribution award. Doris M. Srinivasan also appeals the failure of the trial court to award her spousal support, attorney's fees and costs. We hold that the trial court did not abuse its discretion in not making a monetary award in favor of Mrs. Srinivasan, and did not err in refusing to award Mrs. Srinivasan's attorney's fees and costs. However, we hold that the trial [...]
Court: Court of Appeals of Virginia Docket: Record No. 0342-89-4
Marable v. Com. (1998)William I. Marable (appellant) appeals from his bench trial conviction by the Circuit Court of Lunenburg County (trial court) for burning an occupied dwelling in violation of Code § 18.2-77(A). Appellant contends the evidence was insufficient to prove (1) that the burning was intentional and (2) that he was the criminal agent. He also contends the evidence was insufficient to prove that the burned building was "occupied" and that, as a consequence he was subject, at most, to the lesser [...]
Court: Court of Appeals of Virginia Docket: 0361972